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HomeMy WebLinkAbout05-19-10 (10)~~-~s' RECEII'T OF DISTRIBUTION RELEASE AND INDEMNTTY AGREEMENT This receipt, release, and indemnity agreement (hereinafter called the "RELEASE") is given this o2.8 day of ~Ji„w. ~ 2009, by: Internists of Central Pa (hereinafter called the "CLAIlVIANT") to and in favor of KEYSTONE GUARDIANSIiIP SERVICES, (ADMINISTRATOR) of the CYNTHIA N. STAGER ESTATE (hereinafter Called "ADMINISTRATOR"). For the purposei of inducing the ADMINISTRATOR to make the distribution described herein, and intending to be legally bound, the Claimant hereby represents, warrants, convenants and agrees as follows: 1. Acknowledgment of Receipt -The Claimant acknowledges that he will receive of and from the Fiduciary the following securities upon returning this Receipt & Release document properly signed, wignessed and notarized to the department. Cas~ - In the form of a check in the amount of $927.35 2. Release -AND TI~REFORE, the Claimant hereby does by these presents remise, release, quit-claim, and fore er discharge the said Administrator, their heirs, successors and assigns of and from the said ~ayments to me and of and from all actions, suits, payments, accounts, reckonings, claims end demands whatsoever, for or by reason thereof, or of any other act, matter, cause or t g whatsoever. 3. Indemnity Agreement -The Administrator has indicated a willingness to make a distribution without the adjud~c tion by the Court. Accordingly, the Claimant agrees to indemnify the Administrator and old them harmless, to the extent of any funds or assets received by the Claimant from the'... dministrator hereunder, from and against the Claimant's pro rata share of any and all liabil~ (including attorney's fees and other costs or expenses of defense) to which the Admini~ ator may be subjected by reason of its administration of the account. In connection with thi Agreement, the Claimant agrees to: a) Refund or retu~{ tt, promptly upon the Administrator written demand, any funds or assets distributed by t~ -e Administrator to the Claimant, if the distribution thereoc" is determined at any time to ave been an erroneous or negligent distribution to the Claimant, whether such error or n gligence was or was claimed to have been premised upon a mistake of law or of fact. I na ~ o Page 1 of 2 Pages rn~, ~ `[~~~.~ ~_:.? ~~ c~? ~° _ '' ~o `~~'.-'j ~v3x O T ~ f J A .- Ti . ....s ~ :". r ? ~ ~ b) Modify and dish Administrator commenced, so collect an error such time as th negligence. 4. Miscellaneous - governed in all n The provisions of thereof shall be ~ provisions shall pe hereof. This Release shall together with any al IN WITNESS first above ins ice any otherwise applicable period limiting the time within which the lion to collect an erroneous or negligent distribution must be s to provide that the Administrator need not commence an action to ins or negligent distribution to the Claimant until two (2) years after Administrator shall have obtained actual knowledge of such error or construction, effect, validity and performance of this Release shall be is by the laws of the Commonwealth of Pennsylvania. Release shall be deemed severable in the event that one or more ed invalid or unenforceable, with the effect that the remaining as if such invalid or unenforceable provision had never been a part the Claimant his. heirs, representatives, s~accpssers, aed assigns with respect to whom the Claimant is a natural guardian. ~REOF, the Claimant has executed and sealed this Release on the date and the presence of at least two (2) witnesses. BY: Internists of Central Pa Authorized Representative of Claimant WITNESSES: ~I,. , / (WITNESS ONE) TWO) Page 2 of 2 Pages